HomeMy WebLinkAbout07-25-1977 Council Minutes • • 1 �
• CITY OF ORONO
�
� � Regular Meeting of the Orono Council, 7:00 P.M.
July 25, 1977
� The Orono Council met on the above date with
� the following members present: Mayor Van Nest,
Councilmembers Butler, Massengale, Paurus, and
• Pesek. Also present: City Administrator Benson, •
• Building Inspector Jacobs, City Attorney Malkerson,
and City Engineer Frank. Absent: Building &
� Zoning Administrator Muhich.
� Butler moved, Massengale seconded, that the MINUTES
Minutes of the Regular Meeting of July 11, 1977, July 11, 1977
• be approved. Motion, Ayes (5) - Nays (0) .
•
� Butler moved, Pesek seconded, that the Minutes MINUTES
of the Pubiic Hearing and Special Meeting of July 18, 1977
� July 18 , 1977, be approved. Motion, Ayes (5) -
Nays (0) .
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� No comments from the Park Commission. PARK COMMISSION
� No comments from the Human Rights Commission. HUMAN RIGHTS COMMISSION
� No comments from the Lake Minnetonka Conservation LMCD
� District.
� No comments from the Planning Commission. PLANNING COMMISSION
�
� Butler moved, Massengale seconded, that the VICTORIA GRAIN COMPANY
resolution for the Victoria Grain Company, 500 North Arm Drive
� 500 North Arm Drive, be tabled at their request, #200
until the meeting of August 8, 1977. Motion,
� Ayes (5) - Nays (0) .
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Mr. Tom Jacobs, Building Inspector, read into SUBDIVISION
• the record the following for Dickey Subdivision, #212
• dated July 15, 1977, which states: William Dickey
� This subdivision was approved by Council on
January 10, 1977, through the simple procedures
� as b.oth parcels exceed five acres in area.
• The resolution approving this subdivision has not
yet been recorded. The resolution date has expired.
� We should have an amendment extending the date of
� expiration for at least three months.
� Mayor Van Nest moved, Butler seconded, to amend AMEND RESOLUTION #741
� Resolution #741 to extend the expiration date
from July 1, 1977 to October 1, 1977. Motion,
Ayes (5) - Nays (0) .
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 2
� Mr. Tom Jacobs, Building Inspector, read into SUBDIVISION
ythe record the following request for a sub- 2340 Fox Street
3.ivision of William Kelley, 2340 Fox Street, dated #278
� June 15, 1977, which states: William Kelley
• William Kelley, 2340 Fox Street, is requesting -
a a subdivision of one 28.6 acre parcel into four
lots. Each proposed lot exceeds the minimum
� two acres and 200 ft. lot width requirements.
There is an existing house and guest cottage on
� the property; both would remain on the one
corner lot under this proposal and both meet
• all setback requirements. This condition does
not change the existix�g situation, but should
� be addressed with standard guest house conditions.
� Access drive location for the new parcels should
be subject to the Road Supervisor or City Engineer' s
� requirements. The subdivision would be subject
to the park dedication fee of $250 per lot, or
� $1, 000 total. A public hearing has been scheduled
for July 18, 1977 at 7: 30 P.M.
•
• Lot 1 - 6. 3 acres dry
� Lot 2 - 6. 1 acres dry - includes existing house
and guest house
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�ot 3 - 5. 3 acres dry - 2. 8 acres marsh
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Lot 4 - 6. 6 acres dry - 1.5 acres marsh
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� Planning Commission Meeting - July 18, 1977
� Public hearing held. Bruce Kelley was present.
Planning Commission recommended approval of
� preliminary plat subject to all necessary
easements and park dedication fee of $1,000
� ($250 per lot) . Directed applicant to proceed
with preparing final mylar and hardshell after
� Council action.
� Council Meeting - July 25 , 1977
� Mayor Van Nest moved, Paurus seconded, to give
� preliminary approval of the subdivision and
conceptual approval of the cottage as a conditional
• use, for the William Kelley subdivision, 2340 Fox
� Street. 1Kotion, Ayes (5) - Nays (0) .
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 3
� Mr. Tom Jacobs, Building Inspector, read into the SUBDIVISION
record the following request for a subdivision of 1125 Spring Hill Road
�Conley Brooks, 1125 Spring Hill Road, dated #282
� June 28, 1977, which states: Conley Brooks
� Mr. Conley Brooks, 1125 Spring Hill Road, is _
requesting a lot division for purposes of construct-
� ing a new dwelling on the eastern portion of the
property. The dwelling construction has begun
• subsequent to Council approval on June 13, 1977.
• The building meets all setback requirements and
the soil has been proven suitable for an on-site
� disposal system.
� The existing property has 20. 5 acres, of which a
small area is marshland. The proposed split
• creates two parcels, each meeting all the
requirements for the LR-lA zone.
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! West lot with existing dwelling - 14. 4 acres dry,
619 ft. width
� East lot - 5. 7 acres dry, 0. 4 acres wet, approx.
700 ft. width
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The subdivision would be subject to the minimum
• park dedication fee of $250 per lot, or a total
• of $500. 00.
� A public hearing has been scheduled for July 18, 1977
� Planning Commission Meeting - July 18, 1977
� Public hearing held. No objections voiced from
those present. Planning Commission recommended
• approval of preliminary plat subject to all necessary
• easements and park dedication fee of $500 ($250 per
lot) . Directed applicant to proceed with preparing
� final plat after Council action.
� Council Meeting - July 25, 1977
� Butler moved, Pesek seconded, to approve the pre-
liminary subdivision of Conley Brooks, 1125 Spring
� Hill Road, per the Planning Commission recommenda-
tions plus, adequate utility easement running parallel
� with Spring Hill Road, per the City Engineer' s
• recommendation. Motion, Ayes (5) - Nays (0) .
� Mr. Bruce Douglas, representing Mr. Larry Hork, NORTH SHORE DRIVE MARINA
` North Shore Drive Marina, 3322 North Shore Drive, 3322 North Shore Drive
addressed the City Council requesting Council
� action on his client' s request to construct
�storage racks. Mr. Douglas presented a written
statement for the record which states: (Continued)
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• L[ANDER G.LIrPERT T[L[rMON[»Y�4�46
TMOMAS 1.MARA OANIEL J.GOLD�ERO
• iT[V[N C-AHLOREN STEVEN D.[MMINOS
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JAMES C. PETERSON vu�Y �S 1 �� •�
� TRISTAM O;MAGE
OF COUNSEL: EOWARD R.SOSMNIK
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� City of Orono
. Village Hall
Orono, Minnesota
� Re: Ordinance No. 193
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Dear Members of City Council and the City of Orono:
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At the Special City Council Meeting called and held July 18,
� 1977, following your public hearing on the agreement proposed
� by and between the City of Orono and my client, Larry Hork
and North Shore Drive Marina, you passed, over my objections,
� Ordinance No. 193 establishing a moratorium on the granting of
new or additional commercial dock and mooring areas in all of
� the City of Orono, and prohibiting the granting of building
permits, re-zoning applications, condition or special use
� permits, and other various matters. The purpose of this letter
� is to advise you with specificity as to my client' s objections
with reference to said ordinance:
� 1. The ordinance was passed at a Special City Council Meeting
� which was not duly called and noted for that particular purpose.
Special City Council Meetings of the type held by you on
! July 18, 1977, in the absence of notice and an opportunity to
. be heard by members of the public are unconstitutionally void
as a deprivation of due process of law, and are arbitrar.y and
� capricious as evidenced by your action at that meeting.
� 2. Notice of the Special City Council Meeting was not given to
my client or the public giving noti.ce that any moratorium
� ordinance would be considered at such Special Council Meeting.
� 3. The ordinance was passed over these objections and is a
� direct product of an unlawful agreement by and between members
of the City Council of the City of Orono in direct violation
� of the State Open Meeting Law.
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i � Page 5
�, Page Z�ao
July 25, 1977
� Re : Ordinance No. 193
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� .4. There are no factual findings by the City sufficient to
establish an "emergency" giving rise to a need for a moratorium.
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5. The only basis upon which you acted were -the increasing
� numbe.r of requests for the licensing of docks and mooring
� areas on Lake Minnetonka which you claim result from the extension
of existing or new dock facilities. The mere request of such
� power or authority from the City does not in fact establish an
emergency requiring such drastic action as you have taken.
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6. You do not have jurisdictional power over what you claim is
` a "dangerous lake-use situation. "
� 7. You have no demonstrated factual �basis upon which to find
� that the lake-use situation on portions of the lake abutting
the City of Orono create a danger to the safety or property
� of the public and adjacent land within the City of Orono.
� 8. The "critical or potentially critical" classification of
• the lake by the Lake Minnetonka Conservation District does not
establish an emergency.
� 9. The level of water patrol services previously unl-awfully
� supplied by Hennepin County has no bearing on the so-called declared
emergency.
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. 10. Aennepin County' s retracting of funds previously unlawfully
expended to provide water patrol services has no bearing on the
� boat storage capacity of marinas.
� 11. The City of Orono may not -establish standards relative -to all
matters directly or indirectly impacting on the use or crowding
a of Lake Minnetonka as this is not within the jurisdictional power
of the City of Orono and belongs to other public bodies, to-wit:
• The Lake Minnetonka Conservation District, and the State of
. Minnesota.
� 12. There is no basis for your finding that "the grantir�g of
applications will be detrimental to your ultimate plan, if one
� is ever adopted, for without having even adopted a preliminary
plan, there is no basis for your conclusion that the granting of
• any application would be inconsistent with that plan. In short,
you again have no evidence for the conclusion that you reachin
� Section 1, Paragraph 193. 010.
� 13. This moratorium is clearly aimed solely at commercial marina
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Page Three
� July 25, 1977
� Re: Ordinance No. 193
� operators such as my client, Larry Hork, and solely as to them,
� and solely as to those of such class as have applications
before you. To the best of my information, knowledge and belief,
• my client is the sole marina operator with a matter before you
� relating to the storage of boats on his property. Your action,
thus, is clearly spot re-zoning directed solely at him.
� 14 . With reference to Paragraph 193.020, Sub.Par. A, there is
� clearly no expansion of my client' s boat storage capacity since,
as your City Attorney has duly noted to you, my client is
• perfectly within his legal rights to put as many as three hundred
� boats upon his property at the present time. Thus, the "capacity"
of my client' s property is not in fact expanded and you have
� no power or authority to limit such present use.
� 15. With reference to Paragraph E of 193. 020, you have an
overly broad purpose restricting winter storage use of my client' s
� and other marina operators' property which is clearl}� arbitrary,
� capricious, unr�easonable and has no bearing upon the purported use
of Lake Minnetonka and your alleged emergency situation. I have
� yet to see anyone who is engaged in winter storage placing boats
on the lake in the middle of the winter.
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16 . Your claimed restriction in 193.090 is in fact no restriction
� whatsoever since this ordinance is alleged to apply to all land
within the City of Orono. The fact of the matter is that the only
� land that �you are indeed regulating is the commercial marinas; and
S specifically, my client' s property.
i 17. In Paragraph 193.040 you pur.port to have the power and authority
to limit the public right to the use of Lake Minnetonka. I
� would suggest that you are clearly in excess of your power and
authority with reference to your assertion of jurisdiction
w beyond the shoreline of Lake Minnetonka.
� 18. You allege that this moratorium is needed to prevent serious
� impairment of a comprehensive plan which you have not even yet
adopted. The racks my cl3ent has requested to install are temporary
` . i.n nature and can be readily dismantled within one day' s time.
We have repeatedly made this point to you and nevertheless, you
� persist in your unreasonable, arbitrary and capricious designation
of this as a permanent structure.
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� 19. There is absolutely no rea_ationship between the storage of
boats in racks within the fifteen-foot height limitation presently
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� Page Four
July 25, 1977
� Re: Ordinance No. 193
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applicable to legal non-conforming use marinas, such as� that
• operated by my client, and the public health, safety and welfare .
� I sincerely believe and intend to prove at another forum; to-wit:
� the Hennepin County District Court, that the City has been and
is now guilty of acting in bad faith, arbitrarily, capriciously,
� whimsically, and as part and parcel of a conspiracy to deprive
my client of his federal and state civil rights.
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Thank you for your attention to these matters.
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� Very truly yours,
� DOUGLAS, JAYC , TRAWICK, McMANUS & LIPPERT
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` ruce C. Dougla
� BCD/aw
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 8
� Mr. Douglas continued by stating��that the NORTH SHORE DRIVE MARINA
moratorium is void and the City has no authority (Continued)
o intervene at this time. My client still
� ants to work with the City to resolve this
i s sue.'�
� Mr. Bruce Malkerson, City Attorney, to PZr.
� Douglas:
r The City can psoceed with an agreement with
Mr. Hork under the moratorium. Mr. Malkerson
r asked Mr. Douglas if he had reviewed the agree-
i me�� with Mr. Hork. Mr. Douglas replied "No, I
haven't. "
, Discussion followed concerning Mr. Douglas and
� his client' s issues and concerns.
• Mayor Van Nest commented that he would agree
� to the removal of slips on the west side of the
lagoon leaving slips on the east side.
� Mr. Douglas replied: My client has the following
� concerns:
r 1. My client has lost time because of lateness
of the season. We do not want to take slips
f out of the lagoon, at this tine. We cannot
� recapture our investment and are now concerned
with using racks for winter storage and not
� for just summer uses. If the agreement is
renewed, then perhaps the slips would" be
� removed from the lagoon.
� Mayor Van Nest commented that since it is late
. in the season, Orono could agree to leaving the
slips as long as they are operated solely on a
� transient basis with no over-night use of the slips.
� 2. Mr. Douglas: We feel that winter storage has
to be resolved.
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3. Mr. Douglas: Fencing is of concern because
� of cost ($15,000) and we question the need
• for shrubbery and fencing. ,
� Mayor Van Nest commented that for the purposes of
the first period of the agreement fencing might
� suffice and staff could review that decision.
• 4. Mr. Douglas: Mr. Hork noted concerns on
limitations on number of boats. Rental vs.
� sales. We have a number of boats used for
S rental that are actually for sale. Ten pontoon
boats, six runabouts, and two or three canoes.
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• (Continued)
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 9
� Mayor Van Nest: Our concern is the total NORTH SHORE DRIVE MARINA
number of boats at the marina. The intended (Continued)
�agreement was not to allow more than 95 boats
� on the water for rental or rental slips or boats
rented to the public. The license allows for
� 95 total rental slips. _
� Discussion followed concerning the apparent
change of the intent of the agreement.
•
• Mayor Van Nest commented that you are inserting
new language that was not originally proposed.
� P�Ir. Douglas: My client does not intend to keep
� over 150 boats on the property, wet and dry. My
client wants to continue his operation and
i develop an agreement by January 1, 1978.
� Mayor Van Nest: The Council wants to resolve
� controls on the lagoon and allow racks provided
that we establish a cap on the total number of
� boats and not increase the 95 rental slips.
� Mayor Van Nest continued by suggesting that the
agreement be amended to allow the lagoon to
• conform to the terms of the agreement. Have a
• cap of 150 boats on the premises, 75 in the water,
20 rental slips in racks, and 55 other boats that
� �vould be allowed,owned by Mr. Hork for sale, for
rental or repair.
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Ten would be allowed for gas, etc. but not for
• over-night.
� Mr. Hork noted that now there are 159 boats on
• the property. Councilmember Butler noted that
we should add language to allow the Building
1 Inspector to use resonable judgment if parts or
labor are not available, allowing permission to �
f, have more than ten boats for repair.
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• Discussion followed concerning the total cap on �
the number of boats suggesting that an agreement
� could allow 75 in the water, 20 in racks, and
+ 55 for sale or rerit from April 15 to November 1
and ten additional boats for repairs for a period
� not to exceed 30 days and that the agreement ;
could be amended in the future if necessary.
�
Mr. Douglas commented on allowing his client to
� construct racks on a temporary basis and work out
. an agreement by the first of the year.
(Continued)
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w REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 10
� b1r. Hork commented that, I have to run my NORTH SHORE DRIVE P4ARIN,
business. I cannot gauge the amount of boats (Continued)
� that might receive maintenance. How can I
put a cap on boats to be repaired?
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� Mayor Van Nest: This total proposal has changed.
The City has to take these concerns in steps.
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Mayor Van Nest to Mr. Douglas: The height of
• the racks is limited to 15 ' , winter and summer?
� Idr. Douglas : Yes. Although, the third rail is
� required for structural strength as certified
by our engineer.
• Paurus moved, Butler seconded, to direct the RESOLUTION #806
� City Attorney, staff and P4ayor Van Nest to North Shore Drive Marin�
redraft the agreement in conforn�nce with the Denying Variance
• direction of the Council and to execute it,
. as soon as possible,allowing a variance to the
moratorium and,in alternative,if the applicant
� refuses to sign off on the agreement, the City
Council thereby adopts Resolution #806 denying
� the application for a variance and building
permit on the basis set forth in the prior
� resolution,and that the City of Orono and the
Lake Minnetonka Conservation District adopted
� a moratorium that prohibits this development.
. Motion, Ayes (5) - Nays (0) .
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� REGULAR MEETING OF THE ORONO COUiJCIL, JULY 25, 1977 Page 11
� Mayor Van Nest asked the public attending the MORATORIUM - Marina
Council meeting if anyone had any questions Storage Racks
�concerning Ordinance No. 194, An Ordinance Ordinance No. 194
� Establishing A Moratorium On The Granting Of
New Or Additional Commercial Dock And Mooring
� Areas In Al1 Of The City Of Orono And Establishing _
A Moratorium On The Granting Of Building Permits,
� Rezoning Applications, Condition Or Special Use
Permits, Variances Or Other Authority For Additional
� Development Related To Marina Uses In Al1 Of The
• City Of Orono.
� Mr. Bruce Douglas commented that: �
� l. You are doing a disservice to Orono residents by
not allowing public input.
� 2. It was a rush deal to prevent Mr. Hork to apply
for a permit for a structure over 15 ' .
� 3. Inconsistent with public concerns.
� 4. Request Council to make a motion to rescind the
moratorium.
� 5. City should work with the marina operators to
establish standards.
� 6. The moratorium is not adequate in solving the
problem. ,
• 7. Council should hold public hearings to allow for
public input and concerns.
�8. City needs overall plan to regulate use of
• waters.
9. Codes are Qut-dated.
� 10. Again, request Council to rescind moratorium.
� Mayor Van Nest stated that: For the record, it
should be clear that this moratorium was not
• passed to stop Mr.Hork. There was no malice on the
part of the City Council against Mr. Hork or other
� marinas. This moratorium was designed to allow
� study of the total lake problem and develop standards 1
as applicants have suggested.
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Mr. Hork challenged Paragraph D, which states that:
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Any increase concerning the number of boats on the
� facilities for any purposes, including boats owned �
by the marina operators for sale, boats owned by
� others that are placed on the marina premises for
� sale, or boats placed on the marina premises for
rental to members of the public, or boats moored, '
� docks or in any way stored on the marina premises �
for any purpose.
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• Mayor Van Nest: Again, the reason for the moratorium
�s to allow time for study and to develop guidelines
d standards as Mr. Douglas has previously suggested.
The City has not had full cooperation from the marinas I
� on their resolutions and licenses. I
� No other comments.
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25; 1977 Page 12
� Mayor Van Pdest stated that he and City Adminis- NORTH STAR MARINA
trator Dick Benson had met with Paul and Ray 3324 North Shore Drive
� Kempf on two separate occasions to discuss North #242
. Star Marina' s application for a dredging permit, Ray & Paul Kempf
riprapping and the development of a total plan
� for the marina. . We have discussed problems and _
issues and over-all planning. Mr. Henry Muhich,
� Building & Zoning Administrator, has submitted for
the record the following memo to Council, dated
• July 5, 1977, which states:
� Dennis Hansen of the Hennepin County Public Works
� Department, Ray and Paul Kempf of North Star
Marina, Greg Frank, City Engineer, and I met on
� the site in regard to access, curbing and planting
along County Road #51.
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The Kempfs presented a proposed sketch for
• review. Mr. Hansen agreed that two accesses would
, be permissible on a frontage exceeding 200 ft. in
length.
� The Kes�fs inquired if the County would share in
� the project, but Mr. Hansen informed them that
property owners were responsible for all improve-
� ments on the right of way fronting their property.
I am sure they will be asking the City to participate.
� We discussed the specific items regarding the
+ planting islands.
� l. Curb - concrete, asphalt or wood. County would
` approve concrete or asphalt. I think concrete
would be the most substantial.
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2. Planting - Grass and trees. Okay, but County
� would restrict the height of bushes to 3-6 ft.
� 3. Accesses - 50 ft. and 65 ft. County seemed
� agreeable. I think we could reduce the 50 ft.
access some. Our City roads do not exceed 32 ft.
r in width. The approach radii added to the 50 ft.
access seems exceedingly wide.
�
. The Kempfs will now proceed with preparing a site
plan. 47hen it is submitted, I will include the
' proposal on the Council agenda for your review
before forwarding it to the County for .epproval.
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Council Meeting - July 11, 1977
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Zoning Administrator informed Council that Paul
� Kempf had called earlier in the day requesting
� tabling the matter. Mr. Kempf had assured the
Zoning Administrator that some plans would be
� submitted later in the week and complete plans
would probably be ready the following week. (Continued)
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� REGULAR MEETING OF TFiE ORONO COUNCIL, JULY 25, 1977 Page 13
� At our last meeting with Messrs. Ray & Paul Kempf, NORTH STAR MARINA
Mr. Muhich' s letter of July 7, 1977, states: (Continued)
�At 11:00 A. M. on July 6, 1977, you and your
� counsel, Mr. Miller, met with Mayor Brad Van Pdest,
� Administrator Walter Benson, Building Inspector _
Tom Jacobs and myself to review and discuss
� prospective proposals for developing and improving
your operation.
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• During our meeting, you submitted a rough draft of
a list of topics for discussion for our review. This
� list contains most of the elements requiring some
deliberation and review before a decision can be
� reached. Although this list covers most of the
important elements, it does lack some detail that
� might result in some delay.
� Prior to any directive or instruction from the
� City Council, I will list several important
factors you might consider incorporating in your
� projected plans in order to expedite the entire
process. Several others may be added after Council
� reviews your draft.
� 1. Time schedule for each individual element.
2. Consider alternative to dredging.
�3. Removal of docks exceeding 200 ft. limit at
� earliest possible convenience.
4. Proposed structures meeting all zoning require-
� ments and building codes (height - 30 ft. ,
setbacks, structural, energy conservation,
� safety, landscaping, and many others) .
5. Plans should indicate methods diverting and
r filtering water runoff.
� 6. Screening plans (planting and fencing) .
7. Boat count (rental slips, inventory boats,
,� private boats) .
8. Plan of proposed improvement along County Road
� #51 (curbing, planting, accesses and parking) .
9. Consider posting bond to insure compliance.
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• End of letter
, Mayor Van Nest continued by stating that the
Kempfs have agreed to submit a plan and include
� dredging as part of that plan and that North Star
Marina has agreed to alter their position and
� reduce their dock length to 200 ft. or under in
compliance with the Lake Minnetonka Conservation
� District regulations.
� North Star had requested at our last Council meeting
�to be tabled until a plan was submitted which would
include any development that would be requested,
� including a building for on-land storage, also
North Star was to provide information to the City
� that in order to provide for adequate riparian access
* to the lake, dredging would be required. (Continued)
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� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 14
� Mr. Paul Kempf stated that he was in concurrence NORTH STAR MARINA
with the Mayor' s statement and that our meetings (Continued)
�ere designed to achieve a common goal. We agreed
� ot to go piecemeal but to develop an overall plan.
We are developing a dock plan cutting back to 200 ft.
� and to cutback on wet and dry slips accordingly. _
Wet slips 40-60 allowing for the balance inside
� a structure. We have sent requests for bids to
contractors and we are waiting for their response.
� Our sincere intent is to proceed with a plan. One
• over-riding factor is dredging. The cost $25,000 to
$28,600 is very expensive and we are looking for
� alternatives. We would like to consider an environ-
mental zone possibly the first 50 ft. of shallow
� water and take off from that point with our 200 ft.
docks. Mr. Kempf entered into the record the
� following letter dated July 15 , 1977, which states:
� We are attempting to develop a comprehensive iatprove-
• ment plan for North Star Marina that will meet the
pres�nt requirements of Orono and LMCD regulations.
� As we proceed, we discover these plans would impose
� severe financial impact on Lake Minnetonka boaters
and tremendous long term financial commitments for
� North Star Marina. The controling factors will
be how much boaters will be willing to pay for our
� Service and the availability of financing
. �or North Star lyiarina. We have explored all of the
possible alternatives and have determined the following:
� 1. The dredging and riprap plans which we have sub-
� mitted for your approval are the only practical
methods of stabilizing the shoreline, maintaining
• navigable water depth in our harbor area, and
. accomplish our mutual objectives of having an
as�hetically pleasing and professionally operated
� marina complex within Orono' s B-2 zone.
� 2. If these permits are granted, we can then continue
to examine feasibility, engineering, design, and
� financing for:
� Dock restructuring
• Rack storage on land.
Landscaping.
� Blacktop parking areas.
Fencing.
� Curbing and landscaping along #51 -- this must
tie in with revised traffic patterns that a
� finally approved improvement plan might dictate.
� Most of these would be made necessary to conform
� to Orono and LMCD regulations. (Continued)
�
�
�
� . , ,
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 15
� 3. If dredging and riprap plans cannot be implemented, NORTH STAR MARINA
we are uncertain how to proceed. It would seem (Continued)
� that in order to meet Orono and LMCD requirements,
• the entire character of our business might have
to be altered. It is uncertain what changes
� and improvements the economics of these changes _
might permit.
•
For your information� the following is a schedule of
� the most practical times of year to accomplish the
projects under consideration:
�
� May 1 to Oct. 1 Dredging & riprap
Oct. 1 to Nov. 15 Remove existing dock structures
� Jan. 1 to March 1 Install new dock structure
June 1 to Sept. 1 Building structures on la�d
� July 1 to Sept. 1 Blacktopping
Summer months Fencing
� Summer months Curbing
• Spring Landscaping
� To summarize, the entire development plan hinges on
the dredging and riprap plan already submitted. Only
� with this and a favorable working relationship with
Orono can we continue to develop the plan as out-
� lined above. Without the ability to dredge and
riprap this year, any plans will be delayed at least
� one year, during which time our total comprehensive
� improvement plan may change dramatically or be
dropped completely in favor of continuing our operation
� as it has been historically.
� End of letter
� Council tdeeting - July 25, 1977
� Mayor Van Nest stated that he assumed that North
� Star Marina would submit an overall plan to the
City.
� Paul Iiempf replied that they do not have a dock
� structure plan. This will take time, we want to
work out all the details.
�
• Councilmember Butler asked why he could not take
the docks out first and then dredge. Mr. Kempf
� replied that he needs four feet of water to take
the spoils by barge to Excelsior and if the water
� drops another 4-6 inches, the barge will have
problems navigating. We do want to proceed with
� the dredging and riprapping. We have permits from
the Minnehaha Creek Watershed District and the
� Department of Natural Resources.
�Mayor Van Nest: Orono needs a total plan to
� determine what is going to happen. (Continued)
�
�
s �
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 16
� Paul Kempf: We need action now. I have to do the NORTH STAR MARINA
dredging this year. A specific timetable and (Continued)
�lan are not available at this time.
� Councilmember Paurus: Can we expect a plan in two
� weeks? .
� Paul Kempf: We are waiting for our suppliers.
� Mayor Van Nest noted that both of the Building &
Zoning Department members were out of town for
� two weeks and it is iriperative that they review
• the dredging request.
� It was suggested that a committee comprised of
two or three Councilmembers be appointed to meet
� with North Star to review an overall plan as soon
as possible in order to expedite the handling of
� this development request.
� Councilmember Massengale noted that it appeared to
� him that North Star Marina had adequate navigable
access to the lake and that there was no need for
� dredging.
� Councilmember Pesek: There is navigable access
to the harbor now. It appears that North Star
wants a depth of three feet up to the edge of
� the property line. I want the dredging as part
of an overall plan.
• Mayor Van Nest: Our intention was to review a
� total plan and not piecemeal this project. In-
terpretation of the guidelines set forth by the
� DNR and the MCWD in granting this permit is not
• clear.
� Councilmember Massengale noted that there .is no
data to support the need for dredging and to
� grant a variance to our wetlands ordinance would
not be environmentally sound at this tima. We need
� a dock plan and the LMCD review of this dock plan.
There seems to be much cor_fusion on what Orono
� has requested and the Kempfs agreeing upon
• earlier,and what they are requesting tonight.
+ Mayor Van Nest to Paul Kempf: Would you be willing
to meet with a Council committee to review your
� request?
� Paul Kempf: We want action tonight.
� Mayor Van Nest to Bruce Malkerson, City Attorney:
�What are our options? (Continued)
�
�
�
�
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 17
� Bruce Malkerson: 7. Deny dredging NORTH STAR MARINA
2. Approve dredging (Continued)
� 3. Table until supportive information
is available.
•
• Discussion followed. _
� Pesek moved, Butler seconded, to table the applications
until August 8, 1977 for the following reasons:
�
l. The City has a moratorium on dredging.
� 2. The two members of the City staff that have
• worked in the area of marina regulation and
dredging were both out of town and would not
� be in town until the next meeting.
3. The applicant has not shown how he would control
� the siltation problems created by the dredging.
4. The dredging was to be part of an overall plan
� to be reviewed by the Council according to the
. applicant' s request.
5. The staff has not had an opportunity to review
� the most recent application for the dredging.
6. North Star Marina is still not in compliance
� with the Orono and LMCD ordinances concerning
the length of docks.
� 7. The applicant has not shown that there are not
other ways to solve the alleged problem, such
as restructuring of the docks or onland storage.
. �. There was a possibility of rearranging the docks
in such a way so that he will not lose any slips.
� 9. The applicant has admitted that he has, in fact,
extended the docks close to shore so that they
� are usable presently.
10. The applicant has not shown how he will control
� the sediment and runoff from his property which
• has caused the siltation in the past into that
po�tion of the lake which he now wishes to dredge.
� 11. The applicant has refused to provide the necessary
information concerning the overall development
� plan which he prom�ised to so provide.
� and to instruct the City Attorney to draft a resolution
• in conformance with such� to be presented at the
August 8, 1977 Council meeting. Motion, Ayes (5) -
� Nays (0) .
� Mayor Van Nest appointed Councilmembers Butler and
Pesek to serve on a committee to review with Mr.
� Kempf his overall plan, Monday night, August l, 1977
• at 7: 00 P.M. at the Council Chambers.
� Mayor Van Nest asked Mr. Kempf if he had any questions
Orono' s Ordinance No. 194. Mr. Kempf submitted
�letter dated July 25 , 1977, which states:
(Continued)
�
�
�
• � `�; .
� � � Page 18
� `���� �������i������.
� 3324 NORTH SHORE DRIVE • WAYZATA, MINN. 55391
. (612) 471-8581
� J uly 25, 1977 �
•
To: Orono City Council
• FROM: Paul R. Kempf, President
!
� North Star Marina, Inc, has been in the process of developing an improvement �
� plan which it was hoped would be economically practical for us and would be
acceptable to Orono. It was our opinion that Mayor Brad Van Nest and City
� Manager, Richard Benson shared our hope that a "working together" relationship
� could be developed. We were proceeding with our plans on that basis.
� Ordinance 194 was passed without any advance notice, no consultation with
marinas, and without a public hearing. It was being developed while we were
� discussing a "working together" relationship with the Mayor and City Manager.
• It is our hope that these discussions will continue. However, Ordinance
. 194 is so far reaching, appears to impose severe impact on current operations
and raises so many uncertainties about future development, that clarification
will be required before we can proceed further with our plans.
f
Mayor Brad Van Nest, by his letter of June 3, 1977 to Mr. David N. Cochran,
Chairman of the Minnehaha Creek Watershed District, submitted all of the facts
� relating to our application for dredging and rip rap permits for Watershed
District review and action prior to a final determination by the Orono Council .
• This was considered by .the Minnehaha Creek Watershed District at meetings on
• Thursday, June 16, 1977 and on Thursday July 21, 1977. At the July 21, 1977
meeting our plans for dredging and rip rap were unanimously approved as
� submitted. Since then the Department of Natural Resources has also approved
our plans and issued its permit.
�
Planned dredging and rip rap are vital to any plan that is finally agreed
• upon, Because of accumulated siltation over the years and the low water
level at this time it is critical to our harbor operations that this work
• be done at once.
� For these reasons we respectfully hope that you will approve our application
� at this meeting. _
•
•
• .
� �
•
� BOATS � MOTORS • CHARTER 8. RENTALS • SERVICE • REPAIRS • DOCKAGE • STORAGE
�
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 19
� � Mr. Tom Jacobs, Building Inspector, read into the SUBDIVISION
record the following request for a subdivision of 3700 Bayside Road
� John Burger, 3700 Bayside Road, dated July 11, 1977, #255
which states: John Burger
� Council Meeting - July 11, 1977 _
� Letter from applicant requesting reconsideration
of lakeshore privileges on lakeshore property
� across County Road #84. Tabled for lack of data.
Directed staff to research and report on ownership
� of lakeshore, size of strip along shoreline, tax
• status on shoreline property and location of
subject property in reference to nearby State
� owned under water property.
� Staff - July 13, 1977
� Enclosed is a portion of the plat map indicating
• all the owners of the properties adjacent to the
lake and located south of the Burger property.
� It appears the Burgers actually own no shoreline.
The taxes for 1976, as listed in the tax records,
� are $1. 34 per lot.
� Staff - July 14, 1977
Sta�f has received the final plat drawings for
• review. Copies of the preliminary plat and final
plat are included for your comparison. P�•liminary
� approval was granted subject to a park dedication
fee of $500 and applicants preparing and recording
* the following easements:
� l. Access for adjoining Lot 52 from County Road 84.
2. Access for Lot 1 through Lot 2 around the east
� end of the wetlands.
• 3. Conservation eas�.ment to the City over the wetlands.
� Planning Commission Meeting - July 18, 1977
� Mr. & Mrs. Burger were present. Recomnended approval
of final plat as shown on mylar presented, subject
� to providing access easements to Lot 52 and access
, easement to dry portion located at the back o�
Lot l. Access easement to be located on dry land
� following perimeter of existing wetlands on properties.
Park dedication fee of $500 ($250 per lot) and
conservation easement over wetlands.
Discussed subject of riparian rights on property
across County Road 84. Building & Zoning Director
� informed applicant and Commission that records
� indicated the Burgers did not own any shoreline.
Planning Commission made no recommendation as Mr.
Burger' s previous communication regarding lakeshore
rights was directed to City Council.
• (Continued)
�
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 20
� Council Meeting - July 25, 1977 RESOLUTION #80Z
Burger's Bayside
Mayor Van Nest moved, Butler seconded, to adopt 3700 Bayside Road
Resolution #80Z , as amended, A Resolution Approving (Continued)
Burger' s Bayside, subject to adding; #6. City is
t not granting riparian rights for either lot for .
access to the lake, at this time. #7. Adequate
utility easement as per the engineer's review.
Motion, Ayes (5) - Nays (0) .
�
Mr. Tom Jacobs, Building Inspector, read into the VARIANCE
record the following request of Home Federal 493 Park Lane
Savings & Loan Association regarding 493 Park Lane, #269
for a lot area and width variance, dated June l, Home Federal S. & L.
1977, which states:
This property was the subject of lengthy City
action to remove an unoccupied hazardous building.
• Home Federal gained control of the property from
Pr.�mier Realty last year and after additional
prodding they did obtain a demolition permit and
did satisfactorily cleanu� the problems. They are
� now requesting a variance to construct a new dwelling
on the site.
LR-1B 34. 450 Lot Area Lot Width
Requirements 43, 560 sq. ft. 140 ft.
Actual 8,265 sq. ft. 100 ft.
Variance 35, 295 sq. ft. = 81% 40 = 28g
Lots 7 & 8 are separate parcels and would require
legal combination. Together, one sewer unit has
been charged.
Adjacent Lot 9, vacant, 0. 20 sewer units, 5,600 sq. ft.
Adjacent Lots 10 & 11, vacant, 0.40 sewer units, 10,000 sq. ft.
Adjacent Lot 12, vacant, 0. 20 sewer units
Adjacent Lot 13, vacant, 0.20 sewer units, 6,250 sq. ft.
� Al1 seven adjacent vacant lots total 36, 365 sq. ft.
� (83� of one acre) with two sewer units assessed to
four owners.
e
The Planning Commission should have the applicant
investigate expansion of this very substandard
� parcel through combination with the available
vacant land. In no case, should more than two
building sites be considered on these seven lots.
Planning Commission Meeting - June 6, 1977
Discussed item with applicant as work session only.
� Stressed reluctance to approve without additional
land being added to extremely small parcel. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25 , 1977 Page 21
S Staff - June 10, 1977 VARIANCE
�John Waataja, son of the owner of Lots lQ,ll, & 493 Park Lane
13, was in office to check on requirements for (Continued)
his lots. Was adz;rised to contact Home Federal
to try and arrange a combination of properties. .
Planning Commission Meeting - June 20, 1977
Tabled. No one present.
Planning Commission Meeting - July 5, 1977
No applicant present. Item tabled. Commission
instructed staff to notify applicant of intention
to act on proposal at July 18 meeting.
Planning Commission Meeting - July 18, 1977
Zoning Administrator presented proposal along with
copy of certified letter sent to Home Federal
Savings informing the applicant that the proposal
would be up for action at the Planning Commission
meeting scheduled for July 18, 1977.
Staff received no response. No representative
was present. Planning Commission recommended
denial of variance as no hardship was demonstrated.
Council Meeting - July 25, 1977
Mayor Van Nest moved, Butler seconded, that since
a representative of Home Federal Savings & Loan
was not present, directed staff to mail another
f letter to the applicant requesting a response to
this proposal, which will be entered on the
August 22, 1977 Council agenda. Motion, Ayes (5) -
tlays (0) .
Mr. Tom Jacobs, Building Inspector, read into the SUBDIVISION
record the following request for a subdivision of 320 Woodhill Road
Robert F. White, 320 Woodhill Road, dated June 15, #275
S 1977, which states: Robert F. White
Council Meeting - July 11, 1977
Approved preliminary plat subject to slight
revision. Final plat should indicate egress
easement as separate outlot for the purpose of
eliminating any access problems in the future.
Council was informed by the Zoning Administrator
that the Planning Commission had not acted on
variance request due to lack of representation.
Matter would be up for Planning Commission review
at next scheduled meeting. (Continued)
REGULAR MEETING OF TH� ORONO COUNCIL, JULY 25, 1977 Page 22
S Planning Commission - July 18, 1977 SUBDIVISION
320 Woodhill Road
etback variance denied. No representative (Continued)
resent. No hardship demonstrated. Preliminary
plat previously approved.
� Letter from Robert F. White - July 22 , 1977, �
states:
Last week the Planning Commission denied a variance
request for an outlot that is being created on
property (320 Woodhill Road) where I reside
presently. As I was not present at their meeting,
the request may have been denied for that reason.
It is my understanding I cannot appear before the
Planning Commission without first the Council
consider the variance request.
� Please consider either granting the variance (for
S reasons set forth below) or directing me back to
the Planning Commission for a hearing.
Justification for variance request: As a widower,
I live in my present (ten bedroom, ten bathroom)
house with two sons. The need is apparent for
� smaller quarters. Having lived there for 16 years,
I would like to remain. The unusual terrain (steep
hill) permits only the creation of an outlot that
�s itself unusual (long and narrow with only one
suitable building site) .
Because of the magnitude of the present house, it
needs a certain amount of land to support its value.
While this is difficult to quantify, I believe the
'e' saleability of the present structure is impaired
S if another is located "too close" . While the 20 foot
variance is not much in actual distance, each foot
is important for the reasons stated.
The affected property to the north is owned by
Woodhill Country Club and is wooded. The likelihood
of its use appears remote although there has been
talk of some day putting up member condominiums.
M This would require rezoning to use not consistent
with the neighborhood as constituted presently.
Although the following is not necessarily germane
to your decision, two architects have advised me
not to build unless a variance is obtained.
Thank you for considering my request.
Robert F. White (
End of letter (Continued)
I
� . �
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 23
� Council Meeting - July 25, 1977 SUBDIVISION
320 Woodhill Road
�Mayor Van Nest moved, Paurus seconded, to refer (Continued)
� to the Planning Commission for review,the request
of Robert F. White, 320 Woodhill Road, for a
� subdivision. Motion, Ayes (5) - Nays (0) . .
�
Mr. Tom Jacobs, Building Inspector, read into the VARIANCE REVISION
• record the following request for a variance 2314 Shadywood Road
revision for Norman Kuglin, 2314 Shadywood Road, #288
� dated July 13, 1977, which states: Norman Kuglin
� Mr. Kuglin received a variance on November 22 ,
� 1976 , and a building permit (#3450) on January 20,
1977, based upon the garage location shown on the
� survey marked #196. His request at that time
• was to located the garage on the south side of
the lot. Council minutes of November 22, 1976
� are included for your reference.
� Since the time of the permit, Mr. Kuglin has
decided that he would like to relocate the garage
� on the north side of the lot, still meeting the
same setbacks as before. Note the survey marked
• #288. He has already graded off this area and
• removed trees. There is a power pole between
this location and the street. Note that the
� north neighbor's house is closer to the Kuglin
property line (and garage location) than the
+ south neighbor' s house was. Because of the natural
rise in the ground to the south, this revised
• location would probably provide better sight
lines for a car backing from the garage.
•
� Planning Commission Meeting - July 18, 1977
� This request is a revision of a similar proposal
approved November 22, 1976. The revised proposal
� indicates a change in the proposed location of
the new garage from the southeast side lot line to
• the northwest side lot line. Planning Commission
recalled the previous proposal.
�
� Mr. Kuglin' s son was present. Planning Commission
recommended approval of variance subject to
� applicant submitting a statement of no objection
from the affected neighbor.
a
Council Meeting - July 25, 1977
�
• Butler moved, Pesek seconded, to approve the
variance revision request of Norman Kuglin,
�2314 Shadywood Road, per the Planning Commission
recommendations. Motion, Ayes (5) - Nays (0) .
�
�
�
� .
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25 , 1977 Page 24
� Mr. Tom Jacobs, Building Inspector, read into the DUCK POND CONSTRUCTION
record the following memo of Mayor Van Nest
concerning duck pond construction, dated June 22,
• 1977, which states:
� The Planning Commission discussed this matter _
at their meeting of June 20, 1977. The Commission
� was in general agreement with the intent of the
memo.
•
Two members were concerned that there would be
� consideration of any marsh removal anywhere in
� the City, whether or not identified in the
Stormwater Management Plan. Their concern was
� that in the future we may need to use all of our
marshes.
�
The comment was made that there is an abundance
• of open water available for water fowl and the
+ possible future need to use all the marsh for
stormwater filtration would supercede this.
� Council Meeting - June 27, 1977
•
Approved. Directed attorney draft into ordinance.
•
Planning Commission Meeting - July 18, 1977
•
� Recommended adopting policy and standards based
on context of Mayor' s report subject to providing
� measures of amending same if found necessary in
the future.
•
Mayor' s memo attached - Page 25
•
• Council Meeting - July 25, 1977
� Mayor Van Nest moved, Pesek seconded, to direct
staff to review filtration removal up to 30 inch
� maximum depth and dredging of aquatic vegetation
up to 50� of surface area. Motion, Ayes (5) -
� Nays (0) .
�
• Mr. Tom Jacobs, Building Inspector, read into MARINA LICENSES
the record the following information concerning
� resolutions for marina licenses, dated July 18,
1977, which states:
�
Copies of the proposed resolutions were sent out
� to most of the marinas with requests for some
response regarding the context of the resolution.
� As yet, we have not received all responses nor
�have we had the time to discuss with them their
concerns with their respective resolutions. I
� would like to defer this issue until the Council
meeting of August 8, 1977. (Continued Page 26)
�
1
! , . .
• . .
Page 25
s � �
�
� TO: City Council
• '
FROM: Mayor Van Nest
� �
� DATE: June 13, 1977
� SUBJECT: Moratorium on Dredging for Purposes of Duck Pond Constructio�
�
After reviewing all the information contained in the Stormwater Managemer
�' Plan and discussions held by the Planning Commission and the Council, I
� would like to make the following recommendation for a policy statement
regarding application for duck ponds: -
•
- Any wetland contained within the Stormwater Management Plan of the City
'� will not be consiaered for the construction of duck ponds requiring any
� dredging of aquatic vegetation. The rationale behind .this determination
is that the assumative capacity of all marshes within the Stormwater
� -- I�lanagement Plan is required to remove nutrients from the subwatershed
in which the marsh is located, to remove nutrients from subwatersheds
� adjacent that may,at some future time, be diverted for purposes of using
excess assumative capacity and to remove nutrients from stormwater that
� will be recycled through the marshes within the Stormwater Management Pla
� for purposes of lowering the total nutrient content of stormwater eventua
discharged to Lake Minnetonka. Our Stormwater Management Plan toaay does
� identify every marsh within the City of Orono that is required for the
purposes of nutrient removal. This plan must be continually updated to
� add to the Stormwater Management Plan any marsh that has been over-loo}ced
that may have benefit to the overall plan. It would Y�ecome our policy
�. and reflected in our Ordinances that none of the assumative capacity
� of any of the required marshes so identified could -be lost for purposes
of duck pond construction.
•
For any marsh not included in our Stormwater Management Plan, the policy
� should clearly allow the construction of duck ponds by the clearing of
aquatic vegetation as long as the storage capacity -is not diminished
� and not more than 50$ of the assumative capacity is removed for .purposes
� of duck pond construction_ Before a permit would be granted for the
dredging of a duck pond, a review by City staff must be conducted to
� determine whether or not this particular marsh should be included within
the Stormwater Management Plan and,therefore, not be subject for duck
� pond construction_ _
� I believe that if this policy is adopted by the Planning Commission and
.� Council that we should instruct our City Attorney to make the necessary
amendmerits to our wetland ordinances that will adequately express this
� policy in our ordinances.
� further believe that this memo should be reviewed by the Planning
Commission and Park Commission to solicit their comments before our
` adoption.
•
•
� '
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25 , 1977 Page 26
� Thus far the following marinas have called me with MARINA LICENSES
the following comments and concerns: (Continued)
�1. Stubbs Bay Marina - Jim McCleary
•
� Under the Whereas column explaining existing .
conditions - Whereas #12 states that all
s requirements of Chapter 73 have not been met.
Mr. McCleary feels they have been met and
• questions why this is included. I explained
• to him that this was a standard form sent to
all the marinas and each provision is dealt
� with individually.
� 2. Windward Marine - Jim Rivers
• Concerned about the bond requirement listed
• under Whereas #15.
� Council Meeting - July 25, 1977
+ Mayor Van Nest moved, Paurus seconded, to extend
marina licenses until the August 8, 1977 Council
� meeting when the Building & Zoning Administrator
will have completed context of all resolutions.
• Motion, Ayes (5) - Nays (0) .
� Councilmember Paurus left the meeting at 10: 00 P.M.
•
� Mr. Tom Jacobs presented to the City Council the MARINA BOAT INVENTORY
following commercial marina boat inventory:
�
r
The irLspector inventoried all boats on the following marina properties an June 23
� and June 24, 1977.
•
� North Stubbs Boat Paul's
Gayle's Star � Works Windward Landing
•
1977 application 134 98 63 66 119 - 126
• 1976 licensed slips 134 95 112 66 118 112
� occupied slips 82 99 43 39 103 91
empty slips 20 9 10 6 - -
� total slips 102 108 53 45 103 91
� outside storage 68 99 - 4 7 88
� inside display - 18 - - - -
� Total boats on property 150 216 43 43 110 179
�
� Note that all boat density is low+er than the licensed limits e�ccept at North Star
� rSarina which has 13 more slivs than their license allows.
, (Continued)
� '
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 2�
� MARINA BOAT INVENTORY
.
(Continued)
� STAFF - July 13, 1977
� Revised inventory - Windward Marina .
� 1976 license 118 slips
+ 1977 applicativn 119 slips 40 Tanager Lake Slips
79 Brown's Bay Slips
� 30 Brvwn's Bay bouys
� 7-13-77 inventory - 109 slips total 42 Tanager Lake Slips (32 occu�ied)
2 Possible moorings at end of dock
• . — -
� 41 Brown's Bay Slips (37 occupied)
3 Possible moorings at end of dock
•
21 Brvwn's Bay Buoys (13 occupied)
•
7 boats dry (6 Tanager side, 1 Brown side)
�
+ The residence at 1442 Shoreline Drive has been completed including removal of the
hardcover as required by Cow�►cil action ori October 25, 1976. The landscaping on
� Brown's Bay is complete, but trees and grass are required in the parking area on
the residential lot.
•
•
�
• Mr. Tom Jacobs, Building Inspector, read into the SKI ORDINANCE
� record the following information concerning the
anended ski ordinance, dated July 11, 1977, which
• states:
� Council was informed at the July 11, 1977, meeting
� that arrangements had been made by Ski Tonka
representative to meet with staff to review
� revised draft for amending ski ordinance. Any
specific changes requested by Ski Tonka representative
O will be listed in forthcoming report.
� Staff - July 14, 1977
� Lee and Brent Primus met with the Zoning Administrator
� on July 13, 1977. We discussed proposed ordinance
amendment. They were not too happy with any of the
� regulations. They felt we were being to restrictive.
They interpreted the ordinance as a design to simplify
� citing of violations. It appeared they would prefer
�triking out most of the regulatory measures�
They will be meeting with me again next week so we
, can write up some of their suggestions.
� They requested deferring the issue until the Council
meetincr sclieduled for August 8, 1977. (Continued)
0
� .
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 28
� Council Meeting - July 25, 1977 SKI ORDINANCE
(Continued)
�Butler moved, Mayor Van Nest seconded, to table
� until August 8, 1977 Council meeting the proposed
amendment to the ski ordinance and to notify the
� applicant that, at that time, the City Council _
will act on the proposed ski ordinance. Motion,
� Ayes (4) - Nays (0) .
•
• Mr. Tom Jacobs, Building Inspector, read into the BUILDING CODE ORDINANCE
record a draft of a proposed amendment to Chapters
� 20 & 21 of the Municipal Code of Orono concerning
adoption of the State Building Code, the Uniform
� Building Code, the Minnesota Plumbing Code and
the Minnesota Mechanical Code.
i
At the July 11, 1977 Council meeting, the City PUBLIC HEARING DATE
• Council ordered that a public hearing be held August 8, 1977
• August 8, 1977 at 7: 30 P.M. concerning an amend-
ment to the building, mechanical, and plumbing
� code.
� The proposed ordinance amendment states:
� THE CITY COUNCIL OF ORONO ORDAINS: PROPOSED ORDINANCE
� Section l. The Municipal Code of the City of Orono
• is amended by amending Chapter 20 and Section 20.010
as follows:
• 20. ADOPTION OF STATE BUILDING CODE
�
20. 010. Adoption of Code. The Minnesota State
• Building Code as it existed on January 30, 1976,
• including the Minnesota Heating, Ventilating, Air
Conditioning and Refrigeration Code, and Chapters l,
� 2 & 3 of the 1976 Edition of the Uniform Building
Code, including all other codes, regulations, rules,
� and standards adopted by reference therein, are
hereby adopted and incorporated herein by reference.
� Three copies of said Minnesota State Building Code
and the 1976 Edition of the Uniform Building Code
• should be marked as official copies and filed
• for use and examination by the public in the City
Hall.
` Section 2. The Municipal Code of the City of Orono
* is amended by amending Section 21. O10 as follows:
� 21. ADOPTION OF MINNESOTA PLUMBING CODE
� 21. 010. Adoption of Code. The 1976 Edition of the
�Minnesota Plumbing Code is hereby adopted and incorporated
herein by reference. The City Clerk shall mark three
� copies of said code as official copies and filed for use
� and examination by the public in the City Hall.
�
�
�
• REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 29
` Mr. Tom Jacobs, Building Inspector, informed the ELIZABETH GARDNER
City Council of two letters written by Henry Muhich, SCHOOL STATUS
� Building & Zoning Administrator, to Mr. Dale Fischer,
Superintendent of School District #277 concerning the
• status of the Elizabeth Gardner School, which state:
� January 26, 1977 -
� We have had some requests regarding the zoning status
�, of the Elizabeth Gardner School property. Our records
indicate the owner of this property to be the
• Mound School District. Therefore, I am forwarding
this information to you so potential purchasers are
� made aware of the status of this property.
� The property is zoned LR-1C which is Residential with
� a minimum one-half acre area required for a building
site. A change in ownership, even if it is put to
� a similar use (educational) , would require a conditional
use permit approved by the Orono City Council.
•
' End of letter
� June 30 , 1977 - note to Dick Benson from Henry Muhich;
� This is a copy of the letter I wrote to School Super-
intendent Fischer back in January. I have not heard
• if there has been any transfer of property, I hope not.
The school was informed of the status of the property
� some time ago.
�` End of inemo
•
Letter to Superintendent Fischer dated July 12 , 1977
�
On January 26, 1977, I sent you a letter explaining
• the current zoning status of your property known as
w Elizabeth Gardner School in Orono. As yet, I have
not received any response.
� Just recently it was b�ought to our attention that
� the Calvary Memorial Church group is considering
purchasing the subject property.
�
I want to remind you again that this property is
� zoned LR-1C Residential. A change from the current
• educational use to church services constitutes a
change in use. Churches, like schools, require
� a conditional use permit if located in a residential
zone. The change i� use would require a new conditional
� use permit. Please inform any projected purchaser of
the City zoning requirements.
i
� On July 8, 1977, I spoke with the pastor of the Calvary
t�emorial Church with regard to this matter. I will be
+ forwarding a copy of this letter to the chairman of the
board of trustees of the Calvary Memorial Church.
� If you have any questions, please do not hesitate to call.
� End of letter
� ' '
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 30
� Mayor Van Nest moved, Massengale seconded, to PUBLIC HEARING DATE
hold a public hearing August 22 , 1977 at 7: 00 P.M. Fee Schedule
�o adopt an ordinance to amend the municipal code
� of the City of Orono by amending certain chapters
relating to fees and to adopt a fee schedule.
� Motion, Ayes (4) - Nays (0) . ,
•
Mr. Tom Jacobs, Building Inspector, read into the NAVARRE DRIVE-IN THEATRE
• record several inspection and police reports REPORT
• regarding the operation of the Navarre Drive-In
Theatre.
� Chief of Police Melvin Kilbo report on the Navarre
� Drive-In Theatre, dated July 20 , 1977, states:
• I have sent to you six reports on the Navarre Drive-
In. These six reports cover four incidents. One
� of these reports seems to indicate the manager of �
. the drive-in does not feel order is necessary
during week-day operations and is aware of squads
� arrivals.
� The other reports involve citizens responses, one
by letter delivered on July 12 , 1977, which list
� many problems with noise of motorbikes in the lot.
� �n the 13th of July, I received three calls within ,
� rive minues from three separate citizens about
three motorbikes disturbing. Squads were sent and
� two juveniles were ticketed and referred to Juvenile
Court.
� �
It is my opinion the only way the mini-bike
• disturbance can be effectively ended is by requir-
• ing the entire lot to be fenced and locked during
off hours.
� End of inemo
�
Mayor Van Nest moved, Butler seconded, to instruct
• staff to review and continue to monitor the Navarre
Drive-In Theatre and to present final recommendations
� to the City Council in October, 1977. Motion,
� Ayes (4) - Nays (0) .
• Mr. Tom Jacobs, Building Inspector,- reported to the TAX FORFEIT PROPERTY
� City Council on 1977 Tax Forfeit Land in Orono,
dated July 19, 1977, which states :
� i
• I am enclosing copies of some material the City •
recently received from the County Tax Department (
` �egarding tax forfeit land in Orono. Enclosed
are the following: (
� (Continued) I
•
�
w . .
. REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 31
� A) Letter from Jim Agan and Vern Hoppe of the TAX FORFEIT PROPERTY
County Finance Division. (Continued)
�) List of subject parcels.
) Model resolution for City to approve sale of
� said parcels.
• D) Copy of application form for governmental unit _
for conveyance of tax forfeit lands.
� E) Copies of portions of our section maps in which
these subject parcels are located.
•
Council might want to review the above data to
� consider if they might want to acquire any of this
land.
�
� In reviewing this list, it appears there might be
some conflict in three of the subject properties
� with regard to the tax forfeit status indicated
by the County. I
• �
#l. P1at 41310, Parcel 3460 Smith' s Bay shoreline
� at the base of County Road #51 along County
• Road #15 �
#4 Plat 41360, Parcel 7600 - Long Lake access I
� right of way adjacent to Murlowski's - subject
� of controversy last spring
�
• '�23 Plat 42740, Parcel 5410 - Parking area behind
commercial establishments at Navarre - north
� of County Road #15 and west of County Road #19.
� It lias been my understanding that these properties
� were owned by the City of Orono, but apparently
proper procedures were not taken at the time of
� acquisition, or the County may have erred. In
either instance, however, we should clarify the
• situation before these parcels go up for public
• auction.
� I discussed the problem with Gordy Ramm of Hennepin
County. He told me we should review as to when and
� by what method we acquired this land (condemnation or
whatever) . We could then proceed with cancellation
� of certificate of forfeiture or repurchase land
by paying delinquent taxes.
�
I am also enclosing copies of some of the minutes
� and documents from previous Councils which might
� be of some assistance in determining the status
of the three subject parcels in question.
�
(Continued)
�
�
�
a I
�
� � �
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 32
� Council Meeting - July 25, 1977 TAX FORFEIT PROPERTY
(Continued)
�Mr. Bruce Malkerson, City Attorney, commented
� that he will proceed with documenting City owner-
ship of tax forfeit status of City owned properties
� and interest therein. If the City should want to .
acquire properties that have been in private owr�e�-
� ship, the City can request it be transferred to
the City.
•
The City Council reviewed each parcel with the
� following recommendations:
� 1. 41310/3460, south 1/2 Section 10: Retain
� for park and recreation purpose.
� 2. 41317/4250, Section 17. Building & Zoning
Administrator review for substandard lot status
� and refer to the Park Commission for comments.
� 3. 41336/3037, Section 36. Building & Zoning
� Administrator review for substandard lot status
and refer to the Park Commission for comments.
�
4. 41360/7600, Lot 18. Retain for park and
� recreation purpose.
� 5. 42020/5200 , L. 17, Bl. 4. Building & Zoning
• Administrator review for substandard lot status
and refer to the Park Commission for comments.
� 6. 42020/5300, L. 18, B1. 4. . Building & Zoning
� Administrator review for substandard lot status
and refer to the Park Commission for comments.
•
, 7. 42020/5400, L. 19 B1. 4. Building & Zoning
Administrator review for substandard lot status
� and refer to the Park Commission for comments.
� 8. 42020/6800, L. 33, Bl. 4. Building & Zoning
Administrator review for substandard lot status
� and refer to the Park Commission for comments.
� 9. 42020/6900, �.. 34, B1. 4. Building & Zoning
i Administrator review for substandard lot status
and refer to the Park Commission for comments.
� 10. 42180/0600, L. 11, B1. 2. Retain for park and
� recreation purpose.
� 11. 42180/4800, L. 2�, B1. 7. .Retain for park and
• recreation purpose.
S 2. 42180/4850, L.24, B1. 7 Retain for park and
recreation purpose.
� 13. 42180/4900, L. 25, B1. 7. Retain for park and
� recreation purpose.
� (Continued)
� • �
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25 , 1977 Page 33
� 14. 42180/4950, L 26 , BL' 7. Retain for park and TAX FORFEITURE PROPERTY
recreation purpose. (Continued)
�5. 42180/5000, Z. 27 gl. 7. Retain for park and
r recreation purpose.
� 16. 42280/6000, L. .13. Building & Zoning '
� Administrator review for substandard lot status
and refer to the Park Commission for comments.
•
17. 42620/3900, L 16 B1. 7, Building & Zoning
• Administrator review for substandard lot status
• and refer to the Park Commission for comments.
, 18. 42660/6200, L. 52 . Retain for park and
recreation purpose and request fair market
� value from the Assessing District.
� 19. 42660/6300, L. 53 . Retain for park and
• recreation purpose and request fair market
value ,from Assessing District.
� 20. 42740/1800, L 8 Bl. 3. Building & Zoning
� Administrator review for substandard lot status
and refer to the Park Commission for comments.
•
21. 42740/1850, L. 9 B1. 3. Building & Zoning
� Administrator review for substandard lot status
• and refer to the Park Commission for comments.
S 22. 42740/2250 , L.17 Bl. 3. Building & Zoning
Administrator review for substandard lot status
� and refer to the Park Commission for comments.
� 23. 42740/5410, Block 6. Retain for park and
recreation purpose and initiate title search.
�
� 24. 43040/1000, L. 1, B1.1. No public purpose. Do
not retain.
� 25. 43088/0300, Tr. A. Building & Zoning Administra-
+ tor review for substandard lot status and refer
to the Park Commission for comments.
�
• 26. 43088/0600, Tr. B. Building & Zoning Administra-
tor review for substandard lot status and refer
� to the Park Commission for comments.
� 27. 43088/2100, Tr. G. Building & Zoning Administra-
tor review for substandard lot status and refer
� to the Park Commission for comments.
� 28. 43088/6600, Tr. V. Building & Zoning Administra-
� tor review for substandard lot status and refer
to the Park Commission for comments.
� (Continued)
�
�
� , . .
� R�GULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 34
� 29. 43120/2600, L. 11, B1. 9. Building & Zoning TAX FORFEIT PROPERTY
Administrator review for substandard lot status (Continued)
� and refer to the Park Commission for comments.
� 30. 43240/2900, Lots 14, 15, 17 & 18. No public
� purpose. Do not retain. _
� 31. 43500/6700, Lot 74. Building & Zoning Administ-
rator review for substandard lot status and refer
� to the Park Commission for comments.
� 32. 43540/6000, Lot 60. No public purpose. Do not
� retain.
* 33. 43600/3400 , Lot 13. Building & Zoning Administra-
tor review for substandard lot status and refer
• to the Park Commission for comments.
•
• Mayor Van Nest moved, Massengale seconded, to approve VARIANCE
the request of Paul Lewin, 1180 Elmwood Avenue, for 1180 Elmwood Avenue
� a variance. Motion, Ayes (4) - Nays (0) .
�
Massengale moved, Butler seconded, to approve VARIANCE
r the request of John Perkins, 1265 Elmwood 1265 Elmwood Avenue
• Avenue, for a variance. Motion, Ayes (4) -
'�ays (0) .
•
� 2dr. Tom Jacobs, Building Inspector, informed the STATUS REPORT
City Council that the following items were being
� reviewed by the Planning Commission for action
at a later date: William Stewart, 140 Leaf Street,
� variance; Kelley & Kelley, 2325 Watertown Road,
• subdivision; Theodore Metz, 4300 North Shore
Drive, conditional use permit; William Martin,
� 2380 Watertown Road, conditional use permit;
Hamilton Moran, 2965 Casco Point Road, sub-
� division; William 6Vear, 2120 Wayzata Boulevard,
conditional use permit.
�
� Mr. Greg Frank� City Engineer, informed the City SERVICE STUB
. Council that he is in the process of reviewing 2675 Shadywood Road
the request of Mr. Richard Breustedt, 2675 Shady-
� wood Road, for a determination of water and sewer
service to his lots and will have a recommendation
� available within 2 days.
� Mayor Van Nest moved, Massengale seconded, to
• table the request for a service stub for Richard
Breustedt, 2675 Shadywood Road, until the meeting
�f August 8, 1977. Motion, Ayes (4) - Nays (0) .
�
�
�
� .
• REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 35
� Mr. Greg Frank, City Engineer, commented on the ON-SITE DISPOSAL SYSTEMS
on-site sewage disposal regulation stating that
�he is researching available literature for dual
plumbing systems for new homes served by on-site
� systems and will have this information available
� this week. -
• Mayor Van Nest moved, Massengale seconded, to FAU FUNDS
� apply for Federal Aid Urban Funds for the
calendar years 1978-1980. Motion, Ayes (4) -
� Nays (0) .
�
+ The Lake Minnetonka Conservation District LMCD BUDGET MEETING
Budget hearing has been rescheduled for .
� Wednesday, August 17, 1977 at 7: 30 P.M.
at the LMCD office.
�
� Dick Benson, City Administrator, informed the M.A.P.S.I. MATTER
� City Council that on August 13, 1976, Wayside
Kennels were forcibly entered and two dogs
� belonging to Debbie Talley were the only items
taken. After some investigation, we believed
� Maurice and Debbie Talley stole their own dogs
to avoid paying fees for their care.
r
� On September 9, 1976 , we prepared a search
warrant for a house in Prior Lake owned by the
� Talleys. This warrant was examined and signed
by a judge of Scott County District Court. We
� executed the warrant and found the dogs there and
called M.A.P.S.I. to keep the dogs for us until
� charges could be filed against the Talleys.
� Hennepin County Attorney' s Office refused to
• issue theft charges referring us to Scott County
authorities on receiving and concealing stolen
a property. After lengthly negotiations, Scott
County finally issued charges in early December.
� When M.A.P.S.I. billed Scott County for $450.00
in impound fees, Scott County dropped all charges
� late in December denying all liability. We did
• not release the dogs until February getting a
release from Scott County.
� When M.A.P.S.I. attempted to bill Orono for $750. 00
� in impound fees, I denied liability and referred
them to Scott County for payment. On P�iay 25,
� 1977, I was a witness in a Conciliation Court
case brought against Scott County by M.A.P.S.I.
� Not surprisingly, M.A.P.S.I. lost the case.
(Continued)
�
�
�
� � ,
� REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 36
` At this point, this department began negotiations M.A.P.S.I MATTER
between M.A.P.S.I. and our attornej�, Fritz Brown. (Continued)
� I believe we still could sue Scott County for
$750. 00 but we may have an obligation to pay
M.A.P.S.I. at least the portion of charges
� after charges were dropped by Scott County. .
This portion is $250. 00 of the total of $750. 00.
� We have negotiated the remainder to bring the
total bill to $356.50, that is agreeable to
� M.A.P.S.I. In discussing alternatives, it
• would appear the attorney fees to bring the case
further would be more than the settled claim
� amount would be.
� I have sufficient monies in the animal control
budget to pay this bill. You have a copy of a
� letter from Fritz Brown outlining procedures in
• getting a release from M.A.P.S.I.
� Council Meeting - July 25, 1977
� Mayor Van Nest moved, Butler seconded, to
authorize payment to M.A.P.S.I. in the amount
� of $356.50. Motion, Ayes (4) - Nays (0) .
�
• Dick Benson, City Administrator, informed the SEPTIC SYSTEMS
City Council of a letter received from Greg
� Frank, City Engineer, dated July 18, 1977,
which states:
�
Attached for your information is a recent
� guideline memorandum from the EPA that was
• published in the July l, 1977 Federal Register.
� Of significance is that the EPA states that a
two acre lot rarely results in problems
� relative to on-site treatment systems.
� I mentioned this memorandum to Mayor Brad
Van Nest and he mentioned that he would like
� to have a copy forwarded to the Metropolitan
, Council. For this reason, I am enclosing
several copies. I am sure Mayor Van Nest would
� like a copy.
� End of letter
� Council Meeting - July 25, 1977
� Massengale moved, Butler seconded, to include the
• total report for the record to be part of the On-
Site Disposal Ordinance and Regulations. Motion,
� Ayes (4) - Nays (0) .
�
�
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 37
� Butler moved, Massengale seconded, to reconsider RECONSIDER MOTION
the previous motion in the Minutes of June 27, #19 & #84
1977, concerning the channelization of County
Roads #19 and #84 . Motion, Ayes (�) - Nays (0) .
Butler moved, Massengale seconded, that in the .
• interest of public safety, health and welfare to
request Hennepin County to include this channeli-
� zation project in their maintenance program. Motion,
Ayes (4) - Nays (0) .
� ,
� Dick Benson, City Administrator, informed the TANAGER LAKE BRIDGE
City Council of a letter received July 15, 1977,
� from John Rutford, Metropolitan Council, which states:
� RE: Pdinnesota Department of Transportation
� Request for a Grant for a Bridge over
Browns Bay - Tanager Lake Channel in
� Orono, Received July 6, 1977, Metropolitan
Council Referral File No. 4611
�
The Metropolitan Council has received the above
� request for a grant covering a bridge in Orono
from the Minnesota Department of Transportation.
� The Council will be reviewing this in the next
� few weeks and would welcome any comments you
ight have on this matter. Any comments
� �hould be sent within one week.
� End of letter
� Council Meeting - July 25, 1977
Massengale moved, Mayor Van Nest seconded, to
� forward to the Metropolitan Council our previous
minutes stating conditions approving the
� Tanager Lake Bridge. Motion, Ayes (4) - Nays (0) .
�
• Mayor Van Nest moved, Massengale seconded, to WORK SESSION
reschedule a work session for the City Council August 18, 1977
� and Planning Commission to be held August 18 ,
1977 at 7 :00 P.M. Motion, Ayes (4) - Nays (0) .
�
� Dick Benson, City Administrator, informed the TRAFFIC CONTROL
City Council of the following letter received Woodhill Road & #15
� from John Gerhardson, Public Works Supervisor,
• concerning traffic control at Woodhill Road and
County Road #15 , dated July 12, 1977, which states:
� n July 5, 1977, I received a letter from Mr. Charles
�. Bellows, President of Woodhill Country Club.
Mr. Bellows explained that he was representing
� Woodhill Country Club and wished to express their
concern about the traffic problem at Woodhill Road
and County Road #15.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 38
On that same day, I talked to Mr. Bellows by TR.AFFIC CONTROL
telephone and suggested that he set a meeting (Continued)
�te, as Orono would certainly be interested
.� disucssing the problem.
� On July 11, 1977, Mr. Dennis Hanson, from the _
Hennepin County Traffic Services Division,
� called and stated that he had also talked to
Mr. Bellows about the problem. Mr. Hanson
� stated to me that turn lanes could not be
constructed this year but would try to program
� them for next year. . . .including two other
� intersections east of Woodhill Road. He stated
that the plans would come to Orono for review
� before construction started. Mr. Hanson could
not see how a meeting at the site at this time
� could help. Mr. Bellows is also aware of what
• Hennepin County plans to do.
I suggested to Mr. Hanson that the speed limit
for that area should be reviewed. He felt that
� 50 MPH at that location was proper, but if Orono
wanted a reduction in the speed limit, he would
� have to have a resolution to that effect from
the Orono City Council.
� .
�ouncil Meeting - July 25, 1977
atler moved, Massengale seconded, to adopt RESOLUTION #808
Resolution #808, A Resolution Requesting The Traffic Count -
� Hennepin County Highway Department To Conduct A Ferndale Road W. to Orono
Traffic Study On Shoreline Drive, (County Orchard Road
� Road #15) , From Ferndale Road West To Orono
Orchard Road. Motion, Ayes (4) - Nays (0) .
� Butler moved, Massengale seconded, to adopt RESOLUTION #809
� Resolution #809, A Resolution Requesting The Traffic Count
Minnesota Department Of Transportation To Other Roads in Orono
Conduct A Traffic Study On Certain Streets
In The City Of Orono. Motion, Ayes (4) -
Nays (0) .
�
• Dick Benson, City Administrator, informed the EMPLOYMENT
City Council of the 'following information Sewer & Water Department
� regarding the employment of a sewer and water
maintenance person:
�
The Utilities Department has advertised and
� interviewed for the position of Sewer and
Water Maintenance for the City of Orono. This
� �osition is being filled to replace James D.
-egory, who has resigned his position with the
�ewer and Water Department to begin work in the
� Orono Street Department. (Continued)
�
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 39
After interviewing applicants, I recommend the EMPLOYMENT
hiring of Mr. Gary N. Koos, and suggest that his (Continued)
mployment commence on July 11, 1977 at 8: 00 A.M. ,
�aith the starting wage of $5. 00 per hour.
Mr. Koos is a recent graduate of the St. Cloud � .
Vo-Tech Sewer and Water School and holds a
class "D" certification in both Sewer & Water.
� I also recommend his probationary period to be
six months with a review of his salary relative
to his performance on the job.
� Council Meeting - July 25, 1977
Butler moved, Mayor Van Nest seconded, to EMPLOYMENT
employ Mr. Gary N. Koos for the Sewer & Water Gary N. Koos
, maintenance at a starting salary of $5. 00 per
� hour, effective July 11, 1977, with a six-month
probationary period. Motion, Ayes (4) - Nays (0) .
�
Dick Benson, City Administrator, presented to the REVENUE & EXPENDITURE
• City Council a six month Revenue & Expenditure REPORT
Report.
�
Dick Benson, City Administrator, informed the MEETING - COMMUNITY
'ity Council of a meeting of the Orono Community EDUCATION COUNCIL
�:ducation Council that will be held August 29, August 29, 1977
1977 at 8: 00 P.M. in the District Office of the
Orono Middle School.
�
The City Council discussed the Comprehensive COMPREHENSIVE SEWER PLAN
Sewer Plan noting that the I�ietro staff have
� not proceeded with further determinations as
to classifying Sewer Areas 7 & 8 as a Rural or
Urban Service Area. Dsayor Van Nest and City
Administrator Dick Benson will be meeting with
Mr. Robert Hoffman, Chairman of the Physical
Development Committee,Tuesday morning, July 26,
1977 at 7: 30 A. M. to discuss Orono' s Comprehensive
Sewer Plan.
�
Dick Benson, City Administrator, read into the BID AWARD
record the following� information concerning the Front End Loader
bid award for a front end loader, dated July 22,
1977, which states:
On July 8, 1977 at 10: 00 A. M. , sealed bids were
opened for one articulated front end loader. �
(Continued)
�
.� •
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 40
We received a total of nine bids. Of the nine, BID AWARD
six machines either met our specifications or (Continued)
� �me close enough that they would have been .
.:cepted, had they been low bid.
The lowest bid was from Gustafson Equipment
Company, Duluth, Minnesota. Their bid was an �
A-64 Ford, for $26,990.00, but they did not
meet the specifications.
�
The next lowest bid was from Case Power and
Equipment, for a W-20B, in the amount of
$28,117. 00. ,
The City of Orono has owned a Case front end
loader, one yard capacity, since 1965. Their
machine has c�iven us very good service and I
am very pleased with the service from Case Power
and Equipment Company.
Therefore, it is my recommendation to award the ',
bid to Case Power & Equipment Company, in the '
amount of $28,117.00, for one W-20B, two yard
capacity, Case articulated front end loader.
� Council Meeting - July 25, 1977
�ssengale moved, Mayor Van Nest seconded, to BID AWARD
rard the bid to Case Power & Equipment Company Case Power & Equipment
in the amount of $28,117. 00, for one W-20B,
two yard capacity, Case articulated front end
loader per the City Administrator's recom-
mendation upon determination that Gustafson
�quipment Company, Duluth, Minnesota was not
responsive and did not meet specifications.
Motion, Ayes (4) - Nays (0) . �
Mr. Bruce Malkerson, City Attorney, reported WETLAND ASSESSMENTS ,
to the City Council that he will review Wetland
Values and Assessments with Mr. Glenn Hawkyard,
West Hennepin Assessment District Assessor, for
review at a later date.
Mr. Bruce Malkerson, City Attorney, stated that PLATTING ORDINANCE
the Platting Ordinance was near completion and
will be available for the Special Council and
Planning Commission Meeting of August 18, 1977.
The City Council authorized Mayor Van Nest to BOULDER BRIDGE PROPOSAL
make an official statement concerning the Boulder f
�idge proposal reflecting their official view.
�
�
� •
REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1977 Page 41
r
Mr. Tom Jacobs, Building Inspector, informed the LICENSE APPLICATION
City Council of the request for a sewage disposal Zacher Construction, Inc
'.nstallation license of Zacher Construction, Inc.
Mr. Jacobs reported to the City Council that
there has not been a building permit taken out .
for a home being built by Mr. Larry McGrath at
3060 Farview Lane and that Zacher Construction,
Inc. , installing the septic system, has not
initiated proper permits and licenses and that
there are deficiencies in footing construction.
� Mr. Greg Frank, City Engineer, reported that
satisfactory percolation tests have not been
submitted for engineer approval.
Council Meeting - July 25, 1977
Pesek moved, Massengale seconded, not to approve
the license application for Zacher Construction,
Inc. until contractor complies with zoning and
building codes and corrects deficiencies in
project which was started without proper permits
and licenses (footing & septic) and City Engineer
approval. Motion, Ayes (4) - Nays (0) .
�
�iutler moved, Massengale seconded, to approve LICENSE
�he license, as follows:
Johnson Bros. Well Drilling Company - Well Driller
, Motion, Ayes (4) - Nays (0) .
�
Butler moved, Massengale seconded, that the All BILLS
Funds Accounts 01154 through 01224, 5590 through
� 5633, 19557 through 19560 and Liquor Store Accounts
12020 through 12041, be paid. Motion, Ayes (4) -
, Nays (0) .
Butler moved, Massengale seconded, that the meeting ADJOURNMENT
be adjourned at 12: 15 A. M. Motion, Ayes (4) -
Nays (0) .
�-� ������ �-,
�
DZa�'y C. Butler
Acting PZayor
William B. Van Nest, Mayor
� �r __
�Attest: ,� - , � —
Walter n on, Clerk= dministrator